Democrats: Monserrate must go

Assault conviction draws calls for ouster from fellow Democrats

Casey Seiler State edito, Times Union

By Casey Seiler State editor

Published 1:00 am, Saturday, October 17, 2009

Senate Democrats are calling for the ouster of Sen. Hiram Monserrate, who was convicted of misdemeanor assault after his girlfriend was cut by a glass. The Queens Democrat faces up to a year in jail after being acquitted of a more serious felony charge.
(Tim Roske)

ALBANY — As the fate of state Sen. Hiram Monserrate moved from the courtroom toward the Senate chamber, Friday brought a flurry of news releases from his Democratic colleagues. Most of them called for him to resign or — if he refused — for the chamber to boot him from his seat.

The Queens Democrat was found guilty Thursday of misdemeanor assault despite being acquitted of much more serious felony charges stemming from a December 2008 incident in which his girlfriend's face was slashed by a broken glass.

After the verdict in the non-jury trial, Senate Democratic Conference Leader John Sampson released a statement saying that the majority Democrats were exploring their options for taking action against Monserrate.

On Friday, a half-dozen members of Sampson's conference became much more vocal about what that action ought to be.

"Being an elected official is an honor and a privilege, not a right," said Sen. Liz Krueger of Manhattan in a statement. "As a state legislator, the voters give you the power to decide what laws all 19 million of us live under. And as such we are obligated to hold ourselves to the highest standards of our laws.

" ... The Senate is exploring our institutional legal options now that the courts have ruled, but haven't yet issued a sentence," Krueger continued. "For me, the length of the sentence does not matter – domestic violence is domestic violence, guilt is guilt."

"We, the Senate, have been through so much this past year," said Sen. Neil Breslin of Bethlehem. "It is time for us to take the steps necessary to earn back the public's trust. Hiram Monserrate remaining a member of the Senate contradicts this effort."

"I have followed the developments in the domestic violence abuse case ... and been disgusted by what I have seen and heard," wrote Sen. David Valesky of Oneida. "Domestic violence is a serious matter and a violent crime that cannot be ignored or dismissed."

Some of the relatively few words of support for Monserrate came from Sen. Ruben Diaz Sr., a member of the so-called "Gang of Four" that made trouble for the larger Democratic conference following last year's elections and during the June coup crisis.

The Bronx Democrat defended Monserrate by comparing the calls for his resignation to his colleagues' seemingly more lenient reaction to former Sen. John Sabini's February 2008 plea to a charge of driving while ability impaired — a non-criminal violation.

"Sen. Monserrate did not hide behind a plea. Sen. Sabini did," Diaz wrote, contending that Monserrate "was found guilty of trying to do good by forcing his girlfriend to go to the hospital for treatment."

Sabini, who had been arrested after a September 2007 incident in Albany, subsequently left the chamber in June 2008 to become head of the state Racing & Wagering Board; Monserrate was elected to Sabini's vacant seat a year ago.

" ... How many of my colleagues have posed in photos with Mothers Against Drunk Driving after embracing with our former Sen. John Sabini?," Diaz added. "Is this because my colleagues practice drunk driving, too, or are my colleagues just more comfortable with drunk drivers?"

Democrats control the Senate 32-30. They keep the majority if Monserrate is ousted, but it would be reduced to a single vote.

The majority will have ample support from Republicans if they decide to move for Monserrate's ouster. Sen. Martin Golden of Brooklyn, for example, told the Daily News "he should not be sitting in that Senate, and if someone thinks otherwise, I'd like some of the crack they're smoking."

The Associated Press reported Monserrate has a defense fund set up by backers, according to a person familiar with the case who spoke on condition of anonymity.

The person, who was not authorized to speak publicly about Monserrate's finances, says the network consists of "high-net individuals" and Monserrate did not use campaign funds to pay his legal bills, estimated at $500,000.